Law professor on elite-boarding-school rape case: 'It's a rational verdict'

Owen Labrie looks around the courtroom during his trial, in Merrimack County Superior Court, Tuesday, Aug. 18, 2015, in Concord, N.H. AP Photo/Jim Cole A jury's decision to find a former prep school student guilty on several sexual-assault misdemeanors and not guilty on three felony sexual-assault charges is "a rational verdict," according to a University of New Hampshire law professor.

Over the course of the two-week trial, it became clear that Owen Labrie, now 19 years old, courted a 15-year-old female freshman when he was a senior at elite boarding school St. Paul's School.

"It sounds like they rejected that portion of his testimony where he said they did not engage in sexual intercourse," UNH law professor Buzz Scherr told Business Insider. "By the same token, they had clearly more uncertainty as to whether she consented or not."

By finding Labrie guilty on the misdemeanor counts, the jury acknowledged that despite his denial they believed the girl that there was sexual penetration. The girl testified that Labrie penetrated her with his penis, mouth, and fingers, which she physically resisted and tried to stop by saying "no" at least three times.

The acquittal on the felony charges though, according to Scherr, showed that "the jury was not convinced beyond a reasonable doubt that she did not consent."

"That's really all we can say for certain," he said.

The jury's decision was likely influenced by the testimony they heard over the past two weeks, according to Scherr.

"I am sure that the impression she created and the impression he created by each of their testimonies made the difference in the case," he said.

Additionally, having Labrie's friends testify that he claimed to them that he had "slayed" the female student may have had a big impact. "Traditionally, juries respond to testimony like that," Scherr said.

Although Labrie was not convicted of the most serious charges he faced, he may still face jail time. He is guilty of three misdemeanors related to sexual assault, one misdemeanor related to endangering the welfare of a child, and one class B felony for using a computer to seduce a minor.

Assuming the guilty verdict holds up on appeal, Scherr explained, the former St. Paul's student could be sentenced to 3.5-7 years in a state prison for the felony and one year in jail for each of the misdemeanors. He will also be placed on a sex offender registry for life.

"There's no question he engaged in crimes and had intention to engage in crimes," Scherr said.